PAPERS RELATIVE TO THE ABDUCTION OF THE WIFE AND CHILD OF JAMES HOLDEN BY NATIVES AT THE BAY OF ISLANDS.

Appendix to the Journals of the House of Representatives, 1862 Session I, D-16

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PAPERS RELATIVE TO THE ABDUCTION OF THE WIFE AND CHILD OF JAMES HOLDEN BY NATIVES AT THE BAY OF ISLANDS.

RETURN TO AN ORDER OF THE HOUSE OF REPRESENTATIVES OF Bth AUGUST, 1862.

(Mr. Carleton.)

[Return made 12th August, 1862.]

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No. 1. THE NATIVE SECRETARY, TO THE RE3IDENT MAGISTRATE, KERI KEIII. Native Secretary's Office, Auckland, May 28th, 18G1. Sib,— I have the honor, by direction by His Excellency the Governor, to enclose copy of " Southern Cross" of this day's date, containing an account of an outrage alleged to have been committed at the Keri Keri, and to request that you will report upon the same for the information of the Government. I have &c , Donald McLean, Resident Magistrate, Native Secretary. Keri Keri, Bay of Islands.

No. 2. THE RESIDENT MAGISTRATE, KERI K.ERI, TO THE NATIVE SECRETARY. Keri Keri, June Bth, 1861, Sir — I have the honor to acknowledge your letter of 28th May, No 2] 5, with copy of " Southern Cross," of same date, and to report as follows :— About the loth of April last, Henare Motatu, of Wangarei, but lately living at Matapouri on Government land, came to Keri Keri and called at the Interpreter's house (I was absent at Hokiacga at the time, and stated that a man known by the name of " Dirty Jim" has stolen a green stone and a pair of trousers from him and had sold them to a Native at Wairaro, which articles he (Henare) had been obliged to redeem at a great price. The Interpreter sent his son with Henare to the man's residence and likewise wrote him a note requesting him to come to some arrangement with the Native (Henare). The native appeared very much affected with drink, and according to information afterwards received, had a large quantity of spirits in his boat. It being late in the evening, the Interpreter's son did not return until the following morning, when he informed his father that Henare had taken away the man's wife and one of her children. About two days after the Interpreter saw the man (Jim) and informed him that the Resident Magistrate was from home and requested him to proceed to Russell, where he would find a full Bench of Magistrates there sitting, and lav his case before them. He replied that he did not wish to bring the matter into court as it might involve him for stealing the stone and trousers. On my return to Keri Keri, T wrote to Maihi Paraone Kawiti, the leading chief of Ilenare's tribe requesting he would have the woman returned, and the man, Jim, volunteered to take the letter. About a week afterwards he came to Keri Keri and stated that he had not delivered the letter to Kawiti, nor did he intend doing so. The Interpreter was immediately despatched with it to Kawiti who promised to attend to the matter. Subsequently, I wrote to Hoterene Tawatawa and Wi Te Te, of Whangaruru, on the subject, Tawatawa promised to go at once to Matapouri or even to Whangarei, should Henare have gone there and have the woman returned ; the result I have not yet heard. I have also to inform you that I was told by the chief Wi Te Pahi, that the woman was not married to the man. The man Henare is a connection of the woman's and used no force in taking her ; •he went willingly to his boat. When seated in the boat, she sent Henare back to her house for her little girl, saying that Jim might keep the male children but the girl she claimed. The man Jim had the child in his arms at the time the Native pushed him back and touk the child from him.

PAPERS AND CORRESPONDENCE CONCERNING THE ABDUCTION OF THE WIFE AND CHILD OF JAMES HOLDEN.

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Had the woman shewn any disinclination to go with Henare she could not have been taken ; the Interpreter's son, a powerful young man, being present, and would have assisted her in any attempt to remain ; the Natives in Henare's boat would not have assisted him as they disapproved of his proceeding. I have since heard that the man Jim has gone to Whangarei to join the woman ; he left his bouse on the 30th May. With regard to the man's respectability as mentioned in the " Southern Cros9," according to the man's own statement to me he has lived from one Native settlement to another making his way from Wellington to the North, and on reaching Keri Keri was supported for the space of three months by the interpreter (Duncan) who then procured him employment with Mr. Clarke, surveyor, at five shillings per diem, and food, hut not being disposed to work, he soon left Mr. Clarke and squatted upon Government land about six miles from the Keri Keri settlement, where heexisted rather than lived upon pipies and oysters, a few of which ho occasionally sold. Upon one occasion he sold me a little firewood, and I offered to purchase a winter supply from him at a liberal price if he would collect it; this he never attempted to do. He asserted that he was married to the woman but failed to produce 3ny satisfactory proof beyond his own word. The woman on the contrary stated to Wi Te Pahi that she was not married to him. I have &c, The Native Secretary, James R. Clendon. Auckland.

Mo. 3. ACTING NATIVE SECRETARY, TO THE RESIDENT MAGISTRATE, KERI KERI. Native Secretary's Office, Auckland, July sth, 1862. Sir,— I have the honor to acknowledge ihe receipt of your communication of the Bth ult., repotting on two cases of alleged outrage at the Kerikeri and Mongonui. I have &c, Thos. H. Smith, J. R. Clendon, Esq., Assistant Native Secretary. Eesident Magistrate, Keri Keri.

No. 4. THE RESIDENT MAGISTRATE, KERI KERI, TO THE ACTING NATIVE SECRETARY. Auckland, August 14th, 1861. Sir,— With reference to the case of the alleged outrage at the Kerikeri alluded to in the " Southern Cross" newspaper, under date 28th May last, I have the honor to enclose herewith, as supplementary to my former report on the subject, a letter with translation from Hoterene Tawatawa, Native assessor at Whangaruru. I have &c, James Clendon, The Acting Native Secretary, Resident Magistrate. Auckland.

Enclosure in No. 4. Wangaruru, 29th Ilurae, 18C1. E hoa, E Kerf.nene, — Tena koe. Kua tae ahau ki Wananaki. Xi te knrero kia Ngakapa, mo te vvahine ate jiakelia na, a Tiemi, tae atu ahau kua tae mai t)ga tungane i Wanganui, kua mea taua wahine kia tae mai ano ona tungane, me hoki ia ki Wananaki, ki tona kainga kia mate atu ia kite iwi; liei aha mana tena pakeha, he mea kahaki mai ia c Tiemi, tera atu te tune i whakamoe ai c nga tungane, i tahaetia mai ia c ai ta nga tungane ma nga tungane c utu kia Henare Motatau na Henare ratou i kite ai i to ratou tuahine; meake hoki ki kapiti ratou, me to ratou tuahine. Na to hoa aroha, Na Te Hoterene.

[Translation.] Whangaruru, July 29th, 1861. Friend Mr. Clendon, — Salutations to you. I have been to Whananaki to talk with Ngakapa respecting the woman of the European, James. When I arrived, the brothers were there from Whanganui. The woman said that, now her brothers had come, she should return to Whanganui to her home, and die among her tribe; what was that Pakeha to her; that, she was ran away with by James, that she was given by her

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brothers to another man to wife. The brothers said that he James had stolen her away. It is now for the brothers to pay Henare Motatau who was the cause of their finding their sister. They will soon return to Kapiti with their sister. I have &c, Tb Hoterenk, Assessor. True translation, VVm. Duncan, Interpreter.

No. 5. ACTING NATIVE SECRETARY, TO THE RESIDENT MAGISTRATE, KERI RERI. Native Secretary's Office. Auckland, September 16th, 1861. Sir,— I have the honor to acknowledge the receipt of your letter of the 14th ult, enclosing as supplementary to your former report on the alleged outrage at the Kerikeri alluded to in " Southern Cross," of 28th May, a letter with translation from [Toterene, Native assessor at Whangaruru, and to inform you that the same has been duly brought under the notice of His Excellency the Governor. I have &c., Thos. H. Smith, J. R. Clendon Esq. Acting Native Secretary. Resident Magistrate, Keri Keri.

No. 6. JAMES HOLDEN TO HIS EXCELLENCY THE GOVERNOR. Keri Keri, Bay of Islands, September 30th, 1861. Sir, — I now take the liberty of writing to you to mate a true statement of my ease, for until the present time I thought I was in the right by leaving it in the hands of the Resident Magistrate of this place, but I am now led to believe that wrong reports are forwarded to the notice of the Government, I therefore think it is time that I interfered in it myself, I send you the statement from the commencement of my arrival in Port Nicholson in the year 1854, about the middle of May or June. I arrived in the " Belle Creole," a vessel bringing sheep and cattle for Messrs. Harman, Luxford, and others; as soon as the sheep and cattle was discharged I proceeded on to Whanganui, about 120 miles from Port Nicholson, where I engaged with one Mr. John Jackson, then contractor for firewood for the Government officers stationed there ; I went on to his farm to work, after being there about two months, I visited several times the pa of one of the Native Assessors of that place, called Tahana ; the name of his pa was Wipakuta, about eight miles from the town, I resided about three miles further up a small creek called Makirikiri; during my visits back and forward to TatMOa'l place, I became acquainted with a native woman named Taia, a relation of Tahana's ; he took notice of it, and several times made the remark to me, and questioned me if I would not like to take her to live with me for a long time ; I made no reply to his questions ; one night I stayed there, when he brought her to me and told me to take her ; I consented ; and according to the native way, I gave him a blanket and £3 in money, he then told me to take her home with me, and if any others came to claim payment not to give them anything. We lived together until the woman was near being confined; I then tried to get married to her but as I had no money at the time we did not get married. About that time, a horse belonging to the person that employed me happened to break the leg of a horse belong to some Maoris ; the woman living with me was the only witness of the occurrence and was brought up to the Court. A person that I worked for, blamed me and said I might have stopped the woman from going as a witness against him. The Maoris gained the case ; he then told me lie would not let that woman stop on his place any more, I must send her away; I made the reply, if she goes Igo too. He said, I don't care ; I immediately took my things and the woman and child and went to Tahana's pa ; in about three days a policemen came with a warrant to arrest me for breach ; I was brought before the Court and received the sentence of two months ; I went to prison before I would go to work, and send the woman away ; I got through the two months and then went back to work for the same person at day work to clear off a small debt that I had contracted with him ; I got through that and then went a sawing timber up the river, when the woman began persuading me to leave that place and go to Port Nicholson ; I did not leave after the birth of a second child ; about the month of September, 1856, we left to go to Port Nicholson, when I went to work for one Mr. John Leverton at the river Hutt; I worked on until about May, 1857, when I took the woman and got her baptized in the Catholic Chapel by the Revd Bishop P. H. Viard, on account of her relations being of that creed; she and her children were baptized and we were married; that was after the Marriage Act was brought in vogue in New Zealand; in the same year we left, and went back to Wlianganui; the woman saw her brother and informed him of her marriage, and that she was going to go overland to Auckland; she tried to persuade her brother to come along with us, but he said he would not; she then told him

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she had joined herself to a whiteinan and let him be her friend ; after about four months, we commenced the journey overland to go to Auckland, we went on until we came to Whangaroa, on the West Coast, where I went to work for a Mr. Stewart, where I remained until about March, 1859, when we again started towards Auckland ; when we arrived there, I saw there was very little employment, and they did not like a Maori woman to live in their houses there ; I went on towards the Bay of Islands; on the road at the river Wade, my third child, a little girl, was born; as soon as my wife was able to travel we went on until we came to Whangarei, where I fell in with a relation of my wife, who persuaded her and me to stop there ; he begged a woman's hat and several pieces of babies clothing of my wife and me, and said that he had a pig, if I staid there, he would give in payment for the things ; I hired to split some fencing tor Mr. Henry, at the Roukaka ; he was a constant visitor at my place ; shortly after, another man joined with me in the job ; I then went and got the pig, which was weighed, it did not belong to Pake, my wife's relation, but he said he would give his in place of it, the weight was 12S lbs ; just after, the man that was with me went away, and my wife worked with me ; about that time a native left a piece of calico at my hut for me to make him a pair of trousers; the stuff was worth 3s. 9d., for the two yards and a half; shortly after my wife cut her hand, hurt bad, and I gave up the job; we staid until her hand got better, when she told me that Pake had said she had better leave me, I would be the death of her; there was plenty other men would be glad to take her ; she said, if you are a relation of mine I will not leave the father of my children for you ; about this time my eldest child brought something in the house rolled up in a piece of calidb, and when we started on from there to Bay of Islands it was put in among the other things without knowing what it was ; on the road, I made up the trousers of the stuff which I had fetched with me, and in searching for some thread we undid the piece of calico and found it to be three pieces of green stone, two looked like refuse stuff, one was perfect; on the road we stopped at several places; I gave at Wananaki one of the pieces of stone and the trousers ; we went on until we came Waikare where I gave away the other two pieces of stone ; we went on until we came to the Keri Keri to Mr. Duncan's, the Native Interpreter's residence ; I was slightly acquainted with him, having staid at his place a few years back waiting for a chance in a whaler. When he saw me he made me welcome and persuaded me to stop there as there was a new township going to be settled upon that river ; I intended . going on to Mongonui;. after a while I consented; after a few months he made preparations to join with a Mr. McGregor, and form a fishing station on the river; he proposed that me and McGregor was to fish and cure; he find salt and casks. We started, things went contrary, I was kept knocking back and forward to the Bay with a drunken mate. I told Duncan that me and Mr. McGregor had fell out, we would not agree together. He then told me I and Mr McGregor will give you some provisions and you find another man; I took a man that was stopping with him, he got us some sugar, tea, one barrel of biscuit; we went to work fishing; we did not agree long, I saw that game would not pay. The man went away; I took the salt fish up to Mr. Duncan. He said, Jim, take th^m with you and do the best you can with them for yourself. I took them, he got them whenever he wanted any fur eating I went to work at Mr. Clarke's survey about two months. I came back to the house that I had put up for the purpose of fishing, on a piece of Government land. I went to work, cleared a piece and planted it with potatoes and other things. On my receiving the mouev for my work at the survey, I offered payment for the things I had received of Mr. Duncan. He said, I do not want any payment; I think tint is little enough for your knocking about, and all I want is your good wishes; I only stated this that it might give you a bit of a start. Things went on, there was nothing particular occurred until Mr. Duncan's son, who had been at sea returned, bringing me a bill for the pig, the bill came from aman that neither me nor my wife had seen. 1 informed Mr. Duncan of the particulars, and wished him to write an answer or see the Natives when he went on the circuit. I heard no more until about the 20th April, 1861, when Mr. Duncan's son and another man name Jacob, came back from a journey to Kaipara. They told me that some of the Natives from Whananaki were coming to demand paym nt for a pig and some other things I had stole on the morning of the 25th April. I saw a whaleboat of Maoris go up the Kerikeri at the same time a canoe came in to my place. They told me the boat was going to Mr. Duncan's and when they came back they were coming to me for payment. The Natives in the canoe landed a woman a friend of my wife's, then went up the river; in the evening they came back to take her in. When they were about going away at about half past five, I saw the boat coming, there was four men, one woman, and Mr. Duncan's son. They landed shook hands and sat down, they eat. supper it being all ready when they came. I spoke to George Duncan and asked why his father did not send down for me when he knew what these Natives wanted. He said they have a note from my father. I then asked the Native to give me the note. He did. Mr. Duncan said I had better settle with him or come to some arrangement. I told them, He then said, Are you going to pay me for these things? 1 said, Ido not know you; 1 have never seen you before. The green stones lam accused of stealing, I did not; the trousers, I did fetch away with me; the pig, I consider that is a wrong debt. He, Henry Ngakapa, then said, Are you going to pay me for these things? I made reply that I had no money; all I had was that whaleboat and that most likely Mr. Duncan thought he had a right to a share. I said that to try and put them off, so as I might as I thought get them to go up the river to Mr Clendon where the case might be properly seen into. He said, If you give me the boat that will he all right. I said, If you take the boat you take the only means I have of getting anything lor my children. We had better go up to Mr. Clendou's or Duncan's. The Native said, I want no European law, lam tired of that; I will take the Maori law for it. Keep your boat, I will take the woman Woman get into the boat, woman get into the boat; those children that like him leave with him. that like you take with ) ou.

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OF JAMES HOLDEN.

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Leave him and go up to Whananaki, where you will find friends. I made answer, Take the boat; and then Henry said, Give me some money with the boat and it will be all right. I said that I had no money, but he could go in the house and see if there was anything there that would satisfy him; there are a few clothes and seed potatoes. He then said, I have plenty of food, I do not want your boat or things, if I did I would take it; I want the woman. I again said, Take the boat. He said, No, you refused at first, now keep the boat; a woman for you. He then said to my wife, Woman, get in the boat. He repeated these words two or three times. The woman, my wife, made no answer. He then took a shawl he had flung over his shoulder and made it fast round his waist, then came and caught hold of my wife's right hand and with the child in the left. She said, What are you taking me for; I suppose you want me for some Maori. He said, Come along, you need not cry; you will not be hurt. She would not get up. He, Henry, then commenced to drag the woman. I then seized the child on one of my arms and caught hold of my wife's left arm, but the Native pushed me on one side. He dragged my wife to the water, then ducked her and flung her in the boat. The woman, my wife, then said, You are treating me like as if I was your slave; Ido not know you. He said, Hold your crying and be quiet. The other three men and the woman then got in the boat. He, Henry, then made towards me; I tried to make away with the child, but he came up with me, which I saw and called on George Duncan to come and take the child so as I would be able to defend myself. But he only made the reply, " Let the child go Jim, or it will be hurt.'' I was then struggling with the Native Henry. He, George Duncan, said, " Jim, let the child go it will be all right they will not go far before they fetch the woman and child back. They are drunk, they have been drinking at our place since morning." Just then, the native, Henry, struck me and 1 fell to the ground, he falling on top of the child then lying on my breast; I heard the child cry; we were still struggling when he struck me a blow which stunned me for an instant. He got the child, when I sat up they were iv the boat. He brought out a bottle and gave them in the boat something out of it, then he drank himself and called George Duncan, he did not go. Henry then said, George, tell your father the white man isconquered by me; I have taken the woman. He then called George Duncan and whispered something to him and shoved the boat. I heard my wife crying and bidding me and the children good bye; she said, 1 will not stay there long. I shouted to the Native and said, You had better take the boat. They turned back, I then thought they had changed their mind, but they only turned back for a small dog they had got from Mr. Duncan's. They went off again without saying a word. My wife again shouted good bye, I will shortly return; I watched them out of sightfbr I could not see the boat far, for it was not very moonlight. I then spoke to Mr. Duncan's son and asked him why his father did not send him down for me when the Native came to his house in plac of leaving it till night, then to send him to shew where I lived. He said, they have been having a spree up there; Richard Kemp was there; Henry Ngakapa took away a bottle of Richard Kemp's grog. George Duncan then left me and commenced larking with a half-caste girl that was there with two or three more children and a Native woman belonging to Naturanga. The men had left them there until they returned from Kororareka. They were down on a fishing party. I was acquainted sliglitly with them and they were stopping at my place. George Duncan said that his father would soon bring the woman, my wife back. He said, Jim, you and your mate, who was asleep in the house, must take me up in the morning. My father promised to send Jacob for me but I expect he is too drunk to think about it. We went in the house when I said to mv mate, You are a pretty fellow; the woman has gone. He said, How is that. I told him, the Natives have took her, have you not heard of it; there was row enough He sail, I heard a great noise, but I could not understand what it was about; I heard them a saying something about a boat, but I soon went to sleep. In the morning I went with my mate and my two children to take George Duncan up home, it was Sunday when we reached the landing place; George went up directly to his father; when I went up his father was in bed. He said, Jim, th's is a sad affair; if I had been you I would have settled the whole mob of them before they should have taken my wo.i an and child away, but I think if you and my woman goes down to the Bay, she can fetch her back; Henry Ngakapa is a relation of hers. The woman of Mr. Duncan then said, You talk of setting them all, Henry was going to give you a good thrashing and you went in the house out of the way- Mr. Duncan then said, I should like to see the Maori that would thrash me; if I had been Jim, I would have got an axe and put an hole in the boat, so as they would not have had a boat to go away in, then what would they have done. But he said, Jim, what are you going to do in the matter, shall you and the woman go to the Bay. I said, this is Sunday, to-morrow morning 1 shall come up again and see Mr. Clendon and hear what he says about it. They, Mr. Duncan and his woman and daughter then began telling me that Henry Ngakapa had brought two gallons of rum from the Bay when he came there, and they had drank three or four bottles there during the day; and he hud said that he was going to take your wife, I thought it was chaffing or jest, I took no notice; just as they was going away he took a bottle of grog of Richard Kemp's. I said, You heard him say he was going to lake my wife, why did you not send down for me to come up and see things settled here in place of sending George down to shew where I lived? He said, I did not think he would take the woman, and they asked me to let George go doun with them, they should only go and talk to you and come to some arrangement, and stop at your place that night and return in the morning. I then started to go back home to return in the morning to see Mr. Clendon; I left and went down the river. Early on Monday morning I started to see Mr. Clendon, when 1 had got about 2i miles up the river I met a boat coining down, in it was Mr. Clendon, Mr. Henry Kemp, and another gentleman a stranger to me, and two Maoris pulling. I hailed the boat and told Mr. Clendon I wished to have a few words with him; I stated the case to him as I have wrote. He then asked me where the Natives belonged o. I told him 1 believed they came from Whananaki, He said he was going to Kororareka and he

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would make enquiries about them. I went on to Mr. Duncan's where I staid until Mr. Clendon's return. He did not return for two or three days ; when he did I went to his house to hear what account he had heard. He informed me that he had heard that the boat had put in at the Rawiti and that they said there the woman was not married. I then told him him, lam lawfully married to the woman, but he said, I think you have somebody at Duncan's to blame. He should have come and informed me about the case, then I should have sent for you and have had you face to face and have heard the rights of the case. He is to blame there, but that Native will have to be brought back and made to pay dear for what he has done; I shall get Duncan to write some letters which I will forward to Mr. Barstow to deliver to some of the Native chiefs, and when I return from Hokianga he would see more into the case. I then went to Mr. Duncan; he asked me what Mr. Clendon said, I told him as Mr. Clendon had told me. He said that the principal person to write to was Marsh Brown Kawiti; if he could not get my wife returned she would not be returned if I paid a ship-load of goods. He wrote a letter to that party. He said that Marsh was the greatest of all the natives in that part up to Whangarei. He gave the letter to me; I told him I would go if that I could, and deliver the letter myself. But when I went home I could not get a person to look after my children, so I brought the letter back. Mr. Duncan was not at home, he had gone with Mr, Clendon to Hokianga. I gave the letter to his daughter. I told her to give it to her father when he came home. She said, I will. I then went home on the Sunday after Mr. Duncan came to my place. I then lold him I thought I should start on Monday and try and go to Wananaki. He said, you had better let things be quiet a bit as you have given it into the hands of the law. I shall see you again on Tuesday. I went up to his house on the Monday; he was away; I staid there that night; in the morning, a person that was looking after his place told me Mr. Duncan had given him orders if I came there that he was to tell me that he did not want me hanging about the place. I then left and went home. I wondered for what reason I was thus treated, as I always took Mr. Duncan to be my friend. On my road, I heard that he, Mr. Duncan, said I was going mad. I again, in a few days, went to the Keri Keri. Mr. Duncan was absent at Whangaroa, but his daughter told me that my wife's case had been spoke about at the meeting of chiefs a few days before, and that Marsh Brown had been told to git the woman, my wife, returned. Several natives spoke up and said that if they did not fetch her back for him they would go and 6ee; if they was refused the Magistrate would go, and if he did not succeed he would leave it in the hands of the Government. After six weeks had expired, I saw, again, Mr. Duncan. I told him I should go and see if I could not see my wife and child. He said you had better not, for the natives are sure to want to come to some terms with you. I told him it was in the hands of the law and I should not interfere. I then started to go to Whananaki; on the way I called at Marsh Brown's; I told him where I was going. He said, I think you and me had a great deal better make some arrangement for your wife and child. I said, I have given it into the Magistrate's hands. He said Ido not think that Henry Ngakapa will give her up for them. He is a very bad native, and does not consider he is under the European law, but still for all that the law hangs over him. You had better come and reside here and I will try if I cannot bring your wife and child back. I said no, I did not intend to do that. He, Marsh Brown, then said, what are you making such a fuss about that ugly old woman; I said, have you even seen her that you know that to be true; he said, I was told so by Rutu; I said if she is eld and ugly, she is the mother of my children; he said, that is true, but if he does not listen to me, he will not listen to anybody; I have sent a letter to him to come to the court and bring your wife and child back, if you go on when you reach there they will be here most likely; I staid there in the morning; I went on my road to Whananaki, when I got to the Ruapekapeka, I got a person to guide me to Wananaki and promised to pay him in second hand property, when I returned. I and the native went on until I fell in with some natives of Whananaki, a catching of eels; he then left me and I proceeded on; I reached the head of the river, where a man and his wife, their name was Keesing; they told me a great deal of the way the native Henry Ngakapa was treating my wife; they said that he had been offering her to several natives as a concubine, but she refused and said, I am no slave that you should be treating me in this manner; they also said that if she fretted about me or the children she had left behind he used to rebuke her by saying what is this slave of a woman crying about, you are alive and well; they also said, that Henry Ngakapa said, that that Duncan was no good, for he promised to come and bring the woman back and the time was expired, therefore, he thought he was perfectly right in what he had done. In the morning I went to the pa at the mouth of the river,( I arrived on the 6th June), where I saw several natives; they told me that Henry Ngakapa and party with my wife and child had gone to Whangarei the day before; one named Thomas sent a note to the h< ad person on the other side of the river, to let him know that I had arrived, and for him to come and hear i\ hat I had to say; he came and listened to my statement of what occurred on the evening of the 25th April; he said my statement agreed with that what he had heard, except two phrases, one was that I refused to give the boat, the other that Henry struck me because I tore his shirt; I denied refusing the boat, the other I did not know whether I tore his shirt or nut in our struggle; they then told me the same tales as Keesing and his wile and some others, one was that if she refused to take any of the men, ho would take her himself, he even went so far as so lay hands on her one night, when she rose up an 1 said, that is what you have brought me here for, I am no slave you had better send me back to my husband and children, if you go on in this way I will make away with myself and child; one, the head of the Kunanga, told vie Henry Ngakapa had gone to Whangarei and would not return to the 17th of June, I had better stay until they returned, then he would hear what each had to say and he would decide the case; he said, I do not hold with him taking the law into his own hands, I do not think a human being is lawful payment for debt; I told him 1 should return to the Kerikeri to my children

7

OF JAMES HOLDEN.

D—No. 16

and return in a short time, I asked him, if any letter had come to him from Marsh Brown; he said, no; I told him there had been word given to Marsh Brown, about five weeks, ago and he said he had sent a letter on by Buler? He said, it has not yet arrived, nor the party that has it; he belongs here. I left and went towards home, I went on to Whangaruru, there I heard from a Native Assessor that he had with two others received word from the Resident Magistrate to go and try to bring my wife and child back; I went on to Russell where I saw Mr. Barstow, I spoke to him about my case, he told me he had seen several letters given to different Native Assessors to proceed in bringing my wife back. I went home to where my two children was, I immediately went to the Kerikeri to see Mr. Clendon; he was away from home, gone to Whangaroa; 1 went to Mr. Duncan's, I told him what I had heard from the natives; he said you must not listen to natives tales, he did not care what they said about him, I have done too much in that woman's case in trying to have her brought back, this is the thanks I get, I will do no more in it, no not if I lose my place iv Government; I said it is better to let you hear it than keep it in the dark, I can tell you the authors; he said I do not want to know. I then went down home with the wife of one of the Native Assessors, after having words with Mr. Duncan, for doing as he liked on the place where I resided when my wife was taken away by cutting and pulling up anything that was growing there; with this woman, I went down the river to where her husband was; his name is Erueri. He told me after hearing how I succeeded that he was waiting until Mr. Clendon returned, then he believed he and some others were going to see what they could do in my wife's case, I then returned to my children, where I staid until a canoe of King William's, a son of Tareha, came for to take us to his pa; he said the children should be well looked after and I would be able to run about to see into things and they would not trouble me. I was laid up a time from a cold I caught by my journey; on the 15th July I sent a note to Mr. Clendon, again on the 18th, I sent another, I then reported to him my intentions of going to see my wife and child, to which I received his answer the same day, requesting me to come and see him before I went. On Monday, the 21st, I went to the Kerikeri; I saw Mr. Clendon, he said I had better wait a little as there was a meeting of all the Assessors going to be held in about two weeks and then I might be able to hear some news: I will see that everything in my power is done for you; if I cannot succed, then Government must take it in hand. I said I will let you know by the evening, whether Igo or not; he said if you are determined to go I will get letters written to some natives on the coast; I went to Mr. E. G. Norris, where I heard that reports had been that I was not a married man, the woman belonged to another person, she went away of her own accord, stepped into the boat and told the native to fetch her child, she would not return to me any more if she had the chance; I then went back again to Mr. Clendon; I told him that I would wait until the meeting of the native chiefs and Assessors was over before I went; he said it will be about a fortnight before it is held, I will let you know when it is over; I will let you know the result. I then told Mr. Clendon, I thought Mr. Duncan was in the blame, for that he was raising false reports of different sorts about the case; I knew that they were all false, which would be proved some day or the other, for as long as I have a drop of blood in my body, I will strive to see into the case. He, Mr. Duncan, has told me that he would not do anything more in the case; Mr. Clendon replied, he must do his duty; I do not know why Mr. Duncan should say so, for while you went to Whananaki, he tried to get somebody to take care of your children; I told him I thought that he was in the wrong there, why did he not mention that to me, in my presence, not speak to parties to take away my children from where I had left them with somebody to look after them. lam led to believe he has had a hand in this affair by all the natives and by the conversation he holds about it; if any of them question him what is going to be done in the case, he says,—nothing, they are not married, those children do not belong to him; I then said to Mr. Clendon, if this is true, and he has had a hind in the affair, I know not the reason, for anything that I had, he was always welcome to, and I never came to his place empty-handed. I might have been comfortable this next year, had this not occurred, now my place is broke up and I am made miserable; he was vexed with me because he did not get my potatoes. I then left Mr. Clendon and went to the Ti where I remained for about a week, when I heard from the natives, that the meeting would not be held for about two months. I then left the Ti with the intention of going to Auckland. On my reaching Kororareka, I heard from a native that there was a report raised that my wife's brother had come from Whanganui and paid Henry Ngakapa a certain sum of money, for taking her from me, and was greatly pleased that he was able to cake her back with him. I then changed my mind and determined to go to Henry Ngakapa, wherever he might be and hear the truth of all these reports. I started and went on to the Rawiti, where I heard more tales, that the woman was a slave of the party that had taken her away from me; I went on to Whangaruru where reports was the same; I went on to Moku, where I saw a native Assessor, whose name was William Te Tete, he told me that he had got orders to go and see about my wife, but he had been too busy to go, he therefore, would give me a letter to Henry Ngakapa, about her; he gave me a letter and I went on until i came to Kawati, where I met the chief, the head of the Runanga, at Wananaki, the person that had wished me on my former visit visit to stay and wait until Henry Ngakapa and his party returned from Whanaarei. He was rejoiced to see me, and wanted to know the reason I had not come sooner. He said, I have conversed with Henry, and he said he should have liked to have been here when you came. He then left his work, for I found him planting potatoes. He said, I will go with you to Whananaki, and leave you to go on to Matapouri :in the morning you will get y-our wife. We went on to Whananaki. I slept at his house I then heard his name ;it is Hori Te Neri, owner of the Kauri cutter employed by Government. He told me to go on and say very little to Ngakapa. for he might get in a passion, for he was a very bad person to speak to. If he wants to say anything, teli him to come to me. I will wait until Monday morning; if you are.not back by then, I shall think things are right, and will return to my

8

ABDUCTION OF THE WIFE AND CHILD

D—No. 16

work, where you found me. Be sure to come and see me before you return, and let me know how yon get on. He is a very bad man ; there are several hard cases against him. He is always beating the Natives here, and I should like to see your case settled. I then went on to Matapouri ; about midday I arrived. I went to the settlement; they welcomed me ; I sat down. I then waited about an hour ; there was not a word spoke. I kept looking about to catch sight of my wife. It appeared they did not know me. A lad came out of one of the houses; I happened to have seen him before, when I lived at Mr. Henry's, at the Ruakaka, in my stay at Whangarei. He spoke to me ; then told them I was the man belonging to the woman they had there. I did not know which was Henry Ngakapa, although he was sitting by my side. He then asked me where I was going. I told him I had come to hear what was his intentions as to my wife. He then told a woman to get something to eat for me. He said it laid to me ; without the money he had agreed upon he would not give her and the child up. That was £10 he had said at first, but now he wanted £25. I s»id if I had the money I would give it, sooner than have all this bother. I said, you refused the boat ; you said at first to give you the boat and things would be all right. I owned to the trousers, and I said the pig was not a legal debt ; but that I would have settled that if he had not been so rash in his proceedings the night he took the woman. I then told him 1 blamed Mr. Duncan as much nearly as him, for he knew they were coming 'o my place to demand payment for things which I had before disputed to him ; and, as an Officer of justice, he should have sent for me, or else reported it to the Magistrate, that he might have brought it to the right course of justice. He (Henry Ngakapa) then said, when I again see that Duncan, I will pay him out for his deceiving me. But why did you not go to work and earn some money, and come to me; I then would give you up your wife and child ; but without I will not. I then thought of the letter that William Te Tete had given me. I gave it to Henry Ngakapa. He took it and read it, then said, I have received some two or three letters, but I will answer none of them ; nor will Igo to any court of justice. I want the money, and then the thing will be settled, and not without. I told him I had no money; if I had I would pay him ; but I should expect him to pay very dear to me afterwards. I told him he had better consider as a good minded man, not as an evil one. I then told him Mori Te Neri had come with me from the Cowoti (sic) [Kauiti] to Whananaki, and would wait there until to-morrow morning. He said, if you wished to have any conversation to come to him. The food he had ordered was fetched for me to eat ; I did not eat; so when he saw that he turned to and eat it himself. He told a woman to call my wife; she came. I then began to ask her concerning the reports I had heard that we were not married; that I had stole her away from another man, the father of our two boys, our eldest children; that they did not belong to me, but the third, a little girl, the one that was with her, was mine; that it was her wish to remain where she was, and that she had got in the boat of her own accord and told Henare Ngakapa to go and fetch the child. She denied all these reports, and, furthermore, the natives said she has said she was given to you with her wish by her relatives, that you were married to her, that the children all belonged to you and nobody else, and that she would not join herself with any other while you were alive. There has been natives of Rotaroa to pay the money I agreed upon ; they are all relations others, but she said I will not be bought by your money. lam no slave. I was then satisfied. I called her to me and took the child, the child would not stop with me, which when I saw hurt my feelings, I gave it to its mother. Ngakapa then said, you may stop here with your wife to night, to-morrow you may return alone. He then said, you wish your wife to return to you; I said, certainly I do; she is my wife and the mother of my children. He then said, your wife may go with you, your child I will keep, if you had brought the money you might have took both; I said nothing. He then said to my wife, you may go, the child I will keep. If that you fetched the child it would be different, but I took it, so I will keep it in place of the money. She said me and my child will both go. Henry Nakapa said, I will keep that. My wife then said to me, say nothing; let me get clear and let the law decide about the child; I know it is not just law that my child should be payment for debt. If you say anything, he, Henare Ngakapa, will be vexed, and then he will not let me go, and he will turn upon you and you have nobody here to take your part, say nothing. He, Henare Ngakapa, then said, in the morning you two can go, and mind you, on the road say nothing against me or I will come and take the woman away again, for if I was in the wrong, the Magistrate would have been here before now. I will give you a note to Hori Te Neri. We slept there in the morning. The woman, or wife, of Henare Ngakapa took the child, and my wife left the place crying. We went on until we came to the Kawaute, the place where Hon Te Neri was, I then gave him the note from Henare Ngakapa; he read it; then said to us, don't be down hearted about the child; I do not think it right that he should keep the child for debt, it is Dot according to the European law that flesh and blood should be taken for debt. We staid there that night; next morning we left and went on to Moku, the place where William the Te Te lived. I told him the result of his letter, that the woman was not quite given up on account of the Magistrate's, but on account of the head of the Runanga Hori Te Neri. He said, although I take it upon myself to go above Hori Te Neri, I will write to Mr. Barstow and Mr. Clendpn. He wrote the two letters and gave them to the woman; we stopped there that night; in the morning we left and went on to Kororareka, where she, my wife, took the letter to Mr. Barstow ; he then questioned her whether it was true that she went in the boat of her own accord, which she denied. She wished to state her case as to the treatment she had met with among them. He told her to state it to Mr. Clendon, who was then absent, but would be back in the course of a week. We waited at Kororareka three or four days, when we went to the Keri Keri, when my wife left the other letter with Mr. Duncan, who said, I see you have got the woman back. I said yes, but I have not the child, and the woman was not returned through the course of law, but through H or i Te Neri. He then said, you and the woman had better be off home; Ido not want to

9

OF JAMES HOLDEN.

D—No. 16

encourage you here. I and my wife went away to some empty huts on the road where we stopped the night. In the morning' we went to the Ti, where I had left ray two children. My wife commenced to cry with her children and continued to until next morning, when the natives wished to hear her state the treatment she had met with since she had been away. She accordingly gave this statement. When I was took away I was dragged to theboat, then ducked in the water. With my clothes all wet and torn I was flung in the boat. The Native woman came in the boat, (this woman's name was Tua, belongs to the Rawhiti), her, with three men came into the boat. Henty Ngakapa then went to take the child from Jim, my husband. He knocked him down, fetched the child, gave it to me, and told me to leave off crying, they would not hurt me. He then came into the boat, and they shoved off a little way, then turned back for a dog they had left behind; they then shoved off again. I bid good bye to my husband and children. I said, I shall not be away long. We went over to the Rawhiti, where we stayed that night and next day until the evening Henry Ngakapa said to my wife, that it was through Mr. Duncan that he fetched her away. Mr. Duncan had said, you go to Jim's place ; if he does not immediately consent to give you the boat, take the woman ; I will see you paid, and the woman fetched back. I am waiting for him to come here for you; but it is past the time I told him I should wait here, so we must go to Whananaki, where next morning we arrived. We staid about two weeks there, lie making me work ; and if I fretted he said, what is that slave of a woman crying for ; she is alive and well at this place. He came to me at night, and laid his hands on me, I rose up and alarmed the Natives about. I said lam no slave, that you should treat me so. That is what you fetched me here for ; but if you are going on this way, I will make away with myself and child. You had better return me to my husband and children. It was right through the Pa in the morning, and Henare Ngakapa got reprimanded by several for his conduct. He afterwards behaved a little different, until we went to Mata Pouri, on the road to the boat. I was pulling; I took notice my child was sea sick ; 1 took it up. lie took notice. He said, why don't you pull. I said I must look after my child. lie jumped up and took the child from me, and flung it in the stern sheet of the boat. The child was wrapped up in a blanket; I was sitting on the mast thwart; the child, as it happened, was not hurt He then told me to pull, or he would throw me into the sea. I went on pulling and crying. He said I should not take the child ; he would not let me take it until we landed. In a short time we arrived at Mata Pouri. He kept me at work for about four weeks, when he said, that Duncan will never come: lam in the right in what I have done. He then offered me as a concubine to several Natives, to which I refused, and told him that he might offer to as many as he liked, I never would consent He then said he never see a woman stick out so hard as me; I will break you of that; I will let you know I will not be beat by you. We then went, after a little while, to Whangarei, where we met Te Manihera, a Native Assessor. He spoke to Henare Ngakapa, and told him that he was in the wrong; after that he behaved different to me, until the arrival of my husband, when he kept my child. I told my husband to keep quiet, there was nobody there to take his part. I said, leave the child, let me get away, then let the law decide about the child. That is all she had to state. Shortly after she went to the Keri Keri, and repeated this statement to Mr. Clendon. when he told her that he had written about the child. He then said, is it true that you came to Korarareka of your own accord. She told him that I, her husband, went to Henare Ngakapa's place and fetched her. It was a tale like all the rest. He said if he was not so busy, he would find out the authors of the tale. We returned to the Tiwherc, I remained with my wife and two children until I took a job of work at the Tareira, at Mr. Kidd's, where I and my wife and children are at present. O.i the 17th September, I, with Mr. Kidd and Mr. Jones, came from Kororareka, when we went to Mr. Cleudon's. I spoke to Mr. Clendon. I asked whether he had heard any news about my child. He told me he had sent somebody for the child, but he had not yet arrived. I said I shall bring my wife down next week for you to take our sworn depositions. He said I don't know whether I shall be at leisure, as I am g>'ing to be absent for a time. I bid him good evening, and returned to the Tareira. That is all I have to s.iy at present. I have, &c, Alfred James Holden. P.S.—These are the reports I have heard that are forwarded to the Government, and I know that 1 have a great many to fight against; but I leave it to the judgment of you and others of the House to look into the truth of my case. KEPORT I. I am not married: that I stole the woman away from another. My answer is this. I took the woman my wife to Port Nicholson, Mr. Smith was the Registrar, I married her and got her christened. The Right Rev. Bishop P. H. Viard, of the Roman Catholic Church baptized and married this woman to me. In answer to stealing her from another, I say I am, if she was ever legally joined to any other man, liable to punishment for bigamy. REPORT 11. The children do not belong to me. My answer to this is, I, during the confinement of the woman with her three children was the only person to attend upon and I do not think it likely I should carry another's children about 600 miles from Port Nicholson to Auckland.

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ABDUCTION OF THE WIFE AND CHILD

D~No. 16

REPORT 111. lam a rogue and a scoundrel. My answer to that is my roguery lays in a few little debts, if any other is'laid to my charge there is the law of my country to punish me. REPORT IV. That my wife wishes to live and die among the Maoris by her wish and does not wish to return to me. My answer is this : No woman would leave her child if she was willing to return. I finish by saying that I, think there is equal law for the Maori as well as the European, therefore I consider that Henere Ngakapa ought to be brought to appear against me in a Court of Justice and not be allowed to take the law into his own hands and claim flesh and blood as payment for debt, for though my wife is a Maori woman I consider there is law for the wrongs that she has been subject to in her absence from me. If there is law for the insulted European, let there be for the insulted Maori. , I have &c, Alfred James Holcbn.

No. 7. JAMES HOLDBN AND FANNY TAIA TO HIS EXCELLENCY THE GOVERNOR. November 6th, 1861. To His Excellency Sir George Grey, K. C. 8., Governor of New Zealand and its Dependencies, &c. Your Excellenct, — Excuse one of the humblest of your subjects for taking the liberty of petitioning to you to ask your opinion as to the justice he is receivingl, and for you to look into it if that is the law of England. lam but poor, am lawfully married to a native woman under a Marriage Act brought up in New Zealand in the year 1856; I am bound to think that by marrying this native woman she is entitled to the benefit of that Act. A party of natives belonging to Wangarei and Whananaki on the 25th of April came into the Keri Keri demanding payment for a pig and certain property they accused me of stealing; they proceeded to the residence of the Native Interpreter's ; remained there drinking the best part of the day; in the evening they, with the Native Interpreter's son, came to my place; one of them, Henare Ngakapa, gave me a note from the Native Interpreter, requesting me to settle or make some arrangement with the native. 1 requested the native to go up with me to Mr. Clendon's, the-Resident Magistrate; lie said, I am tired of the European law, I will take the native law; he then demanded a whale boat as paymeut; I refused; he said, I will take your wife and child; I then consented to give him the boat; he wanted some money and the boat; lie said, you refused me the boat, I want the woman; he then told the woman, my wife, two or three times to get in the boat, she made no reply; lie then caught hold of her arm and dragged her in the water, then flung her into the boat; he then came after me and said give me the child; I refused; he struck me several times; 1 fell to the ground; he got the child; they went away; I informed the Magistrate; he promised me justice; I waited about six weeks, I heard no news; I then started to go and see my wife and child; I went and returned without seeing them; about two months after I went again, and through a native chief of that place, I got my wife back; we returned; she, my wife, saiJ. I have left my child behind for the law to interfere; although I am a native and they did not trouble about me, perhaps they will about the child that is no Maori, that is, half European: the native demands £25 btfore he will restore the child; I do not think that flesh and blood is a rightful payment for debt, and I therefore will never agree to that until the native is brought to justice. When I returned with my wife she went to the Magistrate and made her statement; he told her he had written for the child. I saw Mr. Clendon once since, he told me had sent a person to get the child. It is now three months since my wife returned and I have heard no account of the child. This is the justice of the law of England that lam receiving. There are reports raised that we are not married. The woman, my wife, went of her own accord. She is the person that presents this petition and is here to be questioned. If that you take notice of this, your humble petitioners will be ever in duty bound to pray for the welfare of you and yours. We remain, Your Excellency's Humble Subjects, Alfred James Holden, and Fanny Taia, her x mark.

No. 8. MR. CARLETON, TO THE MINISTER FOR NATIVE AFFAIRS. Auckland, 4th November, 1861. Sir,— In compliance with the request contained in your letter of the 15th ulto. I have made such enquiry into the abduction case at the Keri Keri as my short stay in the district would allow, and enclose the result herewith.

11

OF JAMES HOLDEN.

D—No. 16

Mr. Holden's statement to me was as nearly as possible identical with that contained in his Memorial addressed to the Government, dated September 30th 1861; from which I infer, either that the facts were as represented by him, or that he is possessed of an unusually tenacious memory. I did not think it necessary to commit his verbal depositions to writing, but accepted his formal declaration (according to Act) that the statement contained iv his Memorial is true. The document in your possession thus obtains increased authority. I consider the statement of the native woman, his wife, (forwarded herewith) to be of importance, as positively contradicting an assertion which I had heard made—that she had left her husband willingly. I was told by Holden that she had been previously examined by the Resident Magistrate at the Keri Keri, but have not seen the evidence. It would be advisable to compare the woman's second statement to me, with the first, in order to ascertain how far they agree. Holden does not attempt to maintain that he has been blameless throughout,—his words to me were these :—"lf I have been wrong let me be punished for it : but I will never rest till I have got back my child." I would most strongly urge upon the Government the necessity of showing firmness in this affair, and of taking this favourable opportunity of vindicating the pakeha from the aggressions of natives in that district, which, since the removal of the troops from the VVahapu, have been frequent, and as far as my knowledge extends almost entirely uncontrolled. Allow me to request to be informed whether (as I have been told) the Government liaa received any official statement to the effect that the native woman has not boen legally married to Holden—this being in fact the turning point of the questiou so far as the interference of the Government 13 concerned. Also, in the event of such statement having been made, whether the error has since been oorrected. I have &c, Hugh Carleton, M.G.A. The Hon. The Minister for Native Affairs.

Enclosure No. 1 in No. 8. Alfred James Holden, examined : The nature of a Declaration explained to him, I, Alfred James Holden, solemnly and sincerely declare, that the Memorial addressed by me to the New Zealand Government, dated 30th September 18G1, is substantially correct. It is possible that there may be trifling errors in dates, as it is hard for me, travelling from one place to another, to bear them all exactly in memory, but I believe them to be right. I have not a copy of the Memorial before me, but I declare that I put down everything as carefully as I could. The Memorial is correct as far as lays in my power to remember everything. And I make this Declaration conscientiously believing the same to be true, and by virtue of the provisions of an Act made and passed in the sth and 6th years of King- William the Fourth, intituled "An Act to repeal an Act of the present Session of Parliament intituled 'An Act for the more effectual abolition of Oaths and Affirmations taken and made in various departments of the state, and to substitute Declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judcial Oaths and Affidavits and to make other provisions for the abolition of unnecessary Oaths.' " Alfred James Holden, Declared before me Oct. 25th, 1861. Hugh Carleton. A woman named Keri witnessed the transaction at my house when my wife was taken away. She is of the Ngatirangi and resided at Ohaeawai. I produce the bill sent in.

Ohetopa, 14 o nga ra, 1859. Ekoro, —E Takena. Tena ko koe. He kupu taku ki a koe mo taku poaka i nama atu c Herini, ko taea te wahine tokotoru nga tamariki. Ko nga taimaha tenei ote poaka—l2B pauna, c toru pene me te hepene mo te pauna. £1 17s. 4d. Na Opari raua ko Henaie Ngakapa, Kia Takena.

[Translation.^ October 14th, 1859. Friend Duncan, — Salutations to you. I have a word to say to you about my pig which James got upon, credit. (The name of) the woman (or wife) is Taia, and there are three children. This is the weight of the pig—one hundred and twenty eight pounds, at 3^d. per pound. Total—£l 17s. 4d. From Pori, and Henake Ngakapa.

12

ABDUCTION OF THE WIFE AND CHILD

D—No. IS

Enclosure No. 2 in No. 8. Pane Taia, wife of Alfred James Holden: The husband directed to retire. Were you taken away by the natives from Kerikeri ? Yes : Against my wish. The woman made statements of transactions at Whangaruru and Whangarie to the same effect as that given by the husband. The following relating to the transactions at the Kerikeri, is given in h-er own words : I te ahiahi o Te Hararei, ka v mai te poti me nga tangata Maori tokowha, ko te tamaiti o Takena te tokorima kihai i roa te nohoanga ka mea raai a Henare Ngakapa, ki taku tane. E hoa, i haere mai au kite tohe utu mo taku poaka, roa ana te totohenga o Henare raua ko taku tane, ko a raua korero kihai ahau i rongo. Katahi ka puta mai te kupu o Henare. E mea ana a Takena me he mea c pakeke aua Hemi ki te poti hei utu, me tango i te wahine, ka puta atu taku kupu kia Henare, c ki, ko ahau hei utu mo to poaka, katahi ano ahau ka matau he tangata hei utu mo te poaka. Katahi a Henare, ka mea mai, kowai i mea hei utu koe ite poaka? I mea ahau kia haere koe kia kite i o whanaunga ; aua koe c turi, kia rongo koe ki taku kupu tuatahi. Ka mea atu ahau. Kahore, ekore au c haere, katahi au ka rongo he whanaunga oku kei kotiei. No runga ke ahau, he rangatira ahau, eliara i te pononga. Haere mai ana a Henare ka tango i taku ringaringa katau, ko taku poliki uokinoki i aku ringaringa. Ka kite taku tane, ka pa te ringaringa o Henare ki ahau ka tango, i taku potiki ka pupuri i takn riogarioga maui. Katahi ka kurua taku lane c Henare kite uma hinga ana ki raro me te tamaiti, katahi ka to iauki te poti. Ka tae kite taha ote poti ka kopiroa ahau kite wai, ka hikitia kite poti. Ka mea ahau, katahi ano 3hau ka kite i tenei mahi, ka toia te wahine ano he poaka. Katahi au ka tang) moku i toia, me taku tamaiti oraiti i wera ite ahi. Ka mea atu ahau kia Ilenare, mehemea i mate toku tamaiti ka haere au kite whakawakanga. Ka haere a Heiiarc ki uta, ka turaki i laku tane ka tango i te potiki ka mau mai kite poti. Ka rere matou kite Ratviti, ka noho, a i te ahi o te wiki (Ratapu), ka rere atu matou v noa ki Wananake, c rua pea wiki aku ki reira, ka vvhawha a Henare i ahau i te po, ka oho ahau, ka mea katahi an<-> ahau ka kite i tenei mahi, ko te toanga i au kite poti ko te whahwatanga i ahau He wahine marena ahau. Muri iho ka hoe matou ki Matapouri, c rua aku wiki ka kararangatia aiiau me te tangata ke kihai au i pai, mea ahau mehemea ka tohe tonu koe ka wakamate ahau i taku tinana, me taku taimaiti ! oki. Muri ano ka tohe ano rtton ki a wakamoea ahau kite pakeha. Kihai au i pai. Ka haere matou, a Wangarei, ka tae atu ki reira, ka mea aku huanga kia liokoa ahau kite moni. Ka mea atu ahau, c kore au c pai kia hokoa aliau ano c pouka, me hold ano ahau ki taku tane kia tae mai a Takena raua ko Te Kerenene. Tatari ana ahau a kihai a Takena i tae mai,na taku tane ano ahau i tiki. Ka tae mai taku tane ka lahi [ka meal, kia Henare ki a tukua mai ahau me taku kotiro; ka mea ia, mehemea i haere mai koe me te kapa ki to rinuaringa ka tukua atu raua. Tena ko tenei, ko te wahine auake ka tukua mai, a i te aonga ake ote ra, ka haere mai maua ka mahue atu te kotiro. Kua rongo au i nga korero nei, c tika tonu ana. Pane Taia, her x mark. Signed by Pane Taia before me, Hugh Carleton.

[ Translation.'] On the evening of the Saturday, the boat and four Maories arrived, Duucan's son made the fifth. They had not sat long when Henare Ngakapa 9aid to my husband, —friend, I have come to demand payment for my pig. Henare and my husband disputed a long time, but I did not hear what they said. Henare then said, Tnkana (Duncan) said that if James was hard in giving payment, the woman or wife was to be taken. I then said to Heuara is it said that lamto be the payment for h pig ; it is the first time I have heard of a human being being the payment for a pig. Henare then said who said that you were to be the payment for the pig? I said that you should go and see your relatives ; do not be deaf (disobedient), listen to or (obey) my first word. I said no, I will not go; it is the first time that I have heard that I ha*e relatives here. lam from the South. lam a Chief and not a slave. Henare then came up to me and took hold of my right arm (or hand). I had my infant in my arms. When my husband saw Henare lay hands upon me, he took away my infant and held me by the left hand. Henare then struck my husband on the chest with his fist, and he fell down with the child ; he then dragged me down towards the boat, and on reaching the boat he ducked me iti the water, and then drew me on board the boat. I said tliis is the first time I have seen such work as this, dragging a woman like a pig. I then wept because of having been dragged and because of my child be ug nearly burnt. I said to Henare had my child been burnt, I should have g.me to Court about it. Henare then went on shore and threw my husband down and took away the child and brought it to the boat ; we then sailed to the Rawhiti, and on the evening of the Sunday we sailed and lauded at Whananake. I had been theie perhaps two weeks when Flenare touched (or felt about) me (my person) during the night. I woke up and said, I never saw such woik, you (first) drag me to the boat and then feel my person ;lam a married woman. Afterwards we pulled to Mata I'ouri, and after two weeks I was proposed as a wife for another man, but I would not agree to it ; they strongly urged me. I then said, if you continue to urge me I will kill myself and my child. Afterwards they insisted on making me cohabit with a Pakeha, but I would not agree. We went to Whangarei, and there my

13

OF JAMES HOLDEN

D—No. 16

relatives proposed to sell me for money. I said, Ido not approve of my being sold like a pig, let me go back again to my husband when Mr. Clendon and Duncan arrive. I waited, but Duncan did not come, but my husband came and fetched me ; when my husband came, he urged Henare to give up me and my daughter. He said had you come with money in your hand, I would have given them both up, as it is, the woman only will be given up. On the following morning we came away and left the gill behind. I have heard this statement (read over) and it is correct. Pane Taia, her x mark.

No. 9. MR. BARSTOW, TO THE COLONIAL SECRETARY. Russell, Bth November, 1861. My Dear Sir, — I wish to mention to you an incident which has unpleasantly affected the susceplibilities of the Government Officers at the Bay: Mr. Carleton received a note from Mr. Dillon Bell stating "that the Government would lie obliged by any information he could procure for them in the case of the recent abduction of a woman and child from the KeriKeri" (I am not certain of the precise words,though Mr. Carleton produced the note to me). Mr. Clendon, Mr. H. Kemp, and myself alike feel an implied want of confidence either in our ability to procure, or trustwonhyness in our communicating the required information. We do not for a moment presume to assert that the Government has not every right to employ any person or means whatever in order to procure such reports as it may wish to obtain, but after your conversation with myself on the subject of the remarkable influence Air. Fenton acquired in the VVaikato, and how desirable it is that Government officers should possess such influence. I feel that it is right to state that it is our opinion that in no other way can such influence be more effectively uudermined and destroyed than by such unofficial proceedings; and in this case the unpleasantness is increased by the fact that Mr. Carleton, in his place in the House of Representatives, brought this affair forward in a manner calculated to throw discredit on Mr. Clendon's performance of his duties. I have to assure you that neither Mr. Clendon, Mr. Kemp nor myself believe that any intention existed on the part of the Government to impute neglect ot incapacity to any of us, and we do not wish even to insinuate that the least blame attaches to either Mr. Bell or Mr. Carleton, but simply that an accidental injudiciousness occurred which has caused an unexpected and I trust undeserved diminishing of our respective bumps of self esteem. I have &c, R. C. Barstow. The Hon. W. Fox.

No. 10. MR. DILLON BELL TO THE RESIDENT MAGISTRATE, KORORAREKA. November 27th, 1861. Sir,— I am desired by Mr. Fox to acknowledge the receipt of your letter to him of the Bth instant, on the subject of the request made to Mr. Carleton to furnish the Government with any information he might obtain respecting the case of of Holden's wife and child. Mr. Fox regrets that you and the other Officers to whom you refer should have had your " susceptibilities unpleasantly affected" in consequence of Mr. Carleton being requested to communicate to the Government, such information respecting that case as he might obtain at the Bay. The Members of the General Assembly have, on the one hand, a peculiar right to communicate with Government on matters affecting the districts they represent, and on the other, the Government will always be prepared to avail itself of any information which Members may be able to procure. I am to observe, however, that neither from yourself nor from Mr. Kemp was any information received upon a very serious case of breach of the peace which had occurred in your neighbourhood. With regard to Mr. Clendon there was a special reason for endeavouring to obtain other information than he had supplied. The material point with regard to any unusual interference by the Executive for the recovery of Holdeu's child, was whether Fanny Paia was married to Holden. Mr. Clendon had reported that he was informed they were not married: but there is reason for believing that Mr. Clendon ascertained from the Registrar-General's Office (during his visit to Auckland some time ago) that the marriage had taken place at Wellington in 1857, which circumstance Mr. Clendon did not communicate to the Government. The facts in the meanwhile remain, that the abduction of the woman and child took place last April, that the woman was given up, not to the !\'agistrates, but to Holden himself, and that up to this time (so far as the Government is aware) the child is still detained by those who carried her off. Mr. Fox considers that the local officers of Government having exhibited so little alacrity in this matter, have not the smallest ground for complaining that information has been sought through another channel, such as that afforded by a Member of the House of Representatives who represented the

14

ABDUCTION OF THE WIFE AND CHILD

D—No. 16

district when the circumstances to be investigated liad occurred, and who was about to go there in person. You are requested to communicate this letter to Mr. Clendoa and Mr. Kemp. 1 have &c, F. D. Bell, R. C Barstow Esq. For Native Minister. Resident Magistrate, Kororareka.

No. 11. MR. CAHLETON TO THE MINISTER FOR NATIVE AFFAIRS. Auckland, 25th November 1861. Sir. — I have the honor to thank you for allowing me to peruse the official papers relating to the case of James Holden, and to express my hope that the Government is satisfied that the statement forwarded by the Resident Magistrate is incorrect. I can easily understand how he came to be temporarily misled, but think that it is to be regretted that when he discovered his error, he should not have forwarded a corrected statement to the Government. I am informed by Holden that his native wife was examined by Mr. Clendon ; there appears however to be no copy of her deposition among the documents in possession of the Government. If the evidence taken on that occasion agrees with that taken by me, it was clearly of importance. I have, &c, Hugh Caki.eton, M.G.A. The Hon. The Minister for Native Affairs.

15

OF JAMES, HOLDEN.